Talk:Albania (July 28, 2003): Difference between revisions
New page: == Albania 2003 Pre-Merger Notification == This sounds like a pre-merger notification requirement: Art. 14(1) - "A concentration, under article 10, shall not be put into effect either: ... |
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--[[User:JWSchneider|JWSchneider]] 17:39, 21 June 2007 (EDT) | --[[User:JWSchneider|JWSchneider]] 17:39, 21 June 2007 (EDT) | ||
== Albania 2003 Public Interest Pro-D == | |||
Does this sound like a public interest (or efficiency) defense to you? | |||
Article 13(2) - Commission may not prohibit concentrations where one of the undertakings risks | |||
seriously a failure, there is no less anticompetitive alternative to the concentration, when: | |||
a) this undertaking is in such a situation that without the concentration it would | |||
exit the market in the near future; | |||
b) there is no serious prospects of reorganizing the activity of this undertaking. | |||
--[[User:AchalOza|AchalOza]] 12:57, 21 June 2007 (EDT) | |||
I'd ask Hylton about this one. This is the case of when there are two firms, and one will perish if it isn't allowed to merge with the other. Not strictly an efficiency defense, because it won't advance technology, the market, etc. | |||
Not public interest, either. Maybe it belongs under "Other." | |||
--[[User:JWSchneider|JWSchneider]] 17:42, 21 June 2007 (EDT) | |||
Discussed with Hylton and he said that this "Business Failure" defense should be included as a comment to "Restriction of Trade". Moreover, he suggested refining the definitions so Efficiency Defense is for benefiting economic cost and public interest is for things like international competitiveness, minority ownership, income distribution, unemployment, national security and the environment. We should keep an eye out for what else is included under "Other." | |||
--[[User:AchalOza|AchalOza]] 13:17, 22 June 2007 (EDT) | |||
However, the Albania statute does not include "Restriction of Trade" in their merger assessment. Is it still appropriate to include "Business Failure" as a comment there? | |||
--[[User:AchalOza|AchalOza]] 13:56, 22 June 2007 (EDT) | |||
Hylton said to include this under "Other Defense" and keep an eye out for any other defenses besides "Business Failure" that would fit under "Other." | |||
--[[User:AchalOza|AchalOza]] 14:48, 1 July 2007 (EDT) | |||
Latest revision as of 18:48, 1 July 2007
Albania 2003 Pre-Merger Notification
This sounds like a pre-merger notification requirement:
Art. 14(1) - "A concentration, under article 10, shall not be put into effect either: a) before its notification nearby the Authority or b) until it has been authorized by the Authority, or c) until conditions attached to the authorization are fulfilled."
--AchalOza 12:53, 21 June 2007 (EDT)
I think a pre-merger notification can be inferred from this. Agreed.
--JWSchneider 17:39, 21 June 2007 (EDT)
Albania 2003 Public Interest Pro-D
Does this sound like a public interest (or efficiency) defense to you?
Article 13(2) - Commission may not prohibit concentrations where one of the undertakings risks seriously a failure, there is no less anticompetitive alternative to the concentration, when:
a) this undertaking is in such a situation that without the concentration it would exit the market in the near future;
b) there is no serious prospects of reorganizing the activity of this undertaking.
--AchalOza 12:57, 21 June 2007 (EDT)
I'd ask Hylton about this one. This is the case of when there are two firms, and one will perish if it isn't allowed to merge with the other. Not strictly an efficiency defense, because it won't advance technology, the market, etc.
Not public interest, either. Maybe it belongs under "Other."
--JWSchneider 17:42, 21 June 2007 (EDT)
Discussed with Hylton and he said that this "Business Failure" defense should be included as a comment to "Restriction of Trade". Moreover, he suggested refining the definitions so Efficiency Defense is for benefiting economic cost and public interest is for things like international competitiveness, minority ownership, income distribution, unemployment, national security and the environment. We should keep an eye out for what else is included under "Other."
--AchalOza 13:17, 22 June 2007 (EDT)
However, the Albania statute does not include "Restriction of Trade" in their merger assessment. Is it still appropriate to include "Business Failure" as a comment there?
--AchalOza 13:56, 22 June 2007 (EDT)
Hylton said to include this under "Other Defense" and keep an eye out for any other defenses besides "Business Failure" that would fit under "Other."
--AchalOza 14:48, 1 July 2007 (EDT)